Sonia Sotomayor Questions Government Contractor Immunity in Supreme Court Case

Sovereign Immunity for Government Contractors

• ⚖️ Justice Sotomayor questioned an attorney regarding the concept of judge-made immunity for government contractors, contrasting it with statutory limits.
• ⚠️ She highlighted that the request for such immunity could be seen as creating new principles that bypass Congress's legislation on immigration and government contracting.
• 📌 The argument presented by the attorney suggested that immunity is either a defense to liability or not, implying a distinction from the government granting away its own immunity.

Statutory Limits and Judicial Exceptions

• 📜 Sotomayor pointed out that the court is being asked to create a judge-made exception to the finality rule, which should be used sparingly.
• 🏛️ The discussion touched upon the idea that the government cannot contract away its immunity, referencing historical cases like Yearsley (1940).
• 💡 The attorney clarified that the request was not for the government's embrace of immunity, but rather related to how employees enjoy qualified immunity.